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Medical Malpractice

Medical Malpractice Attorneys in Valparaiso, IN

Serving Northwest Indiana Since 1961

Valparaiso attorneys help victims recover compensation

A special relationship exists between physicians and their patients. Physicians owe their patients a duty to provide a certain standard of care, using at least the level of skill, care, and diligence that is generally exercised by fellow practitioners in the medical professions. It is considered medical malpractice when a medical professional breaches that duty through negligence or carelessness and causes injury to a patient. Medical malpractice victims may recover compensation for their injuries, including for past and future medical expenses, pain and suffering, emotional distress, and lost income.

Common forms of medical malpractice include the following:

(1) Surgical errors;

(2) Failure to properly diagnose, including failure to order proper tests;

(3) Failure to properly review test results;

(4) Failure to properly monitor the patient’s condition;

(5) Failure to consult with another doctor if a specialist is needed;

(6) Premature discharge from the emergency department;

(7) Failure to properly review medical records;

(8) Not using an interpreter to communicate adequately with the family and that failure leads to the patient’s injury or death; or

(9) Failure to address abnormal results or failure to make a new diagnosis based upon new information.

For additional information on common medical malpractice cases, please read our blog, click here.

Experienced Medical Malpractice Attorneys

The knowledgeable attorneys of Blachly, Tabor, Bozik & Hartman, LLC have successfully represented medical malpractice clients in Valparaiso and throughout for over 60 years, routinely obtaining generous awards on cases involving birth injuries, orthopedic surgeries, anesthesia, emergency medicine, hospital nursing care, nursing home care, cosmetic surgeries, prescription drug mistakes, psychiatric care and eye surgeries.

To prevail on a medical malpractice claim, expert medical testimony is generally required to establish that the medical care or diagnosis was negligent and that this negligence caused the patient’s injuries. The attorneys at Blachly, Tabor, Bozik & Hartman, LLC regularly consult with a number of licensed medical professionals and retain prominent medical experts who have a gift for clearly explaining medical mistakes to jurors.

Filing a Lawsuit for Medical Malpractice in Indiana

Before filing a lawsuit for medical malpractice in Indiana, you must file a proposed complaint with the Indiana Department of Insurance. A Medical Review Panel, which is composed of three Indiana medical professionals, will review your claim, medical records, submitted evidence and witness testimonies. The Panel then issues an opinion on whether the defendant failed to comply with the appropriate standard of care before your case can move through to the courts. The Medical Review Panel’s opinion is not conclusive, but its finding is admissible in court.

Damages Cap

As of July 1, 2019, In Indiana, the maximum a patient is entitled to recover is $1,800,000.00 per occurrence of malpractice, regardless of the extent or amount of damages. For example, assume a child is injured at birth by an act of malpractice. Assume that the child will incur in excess of $4,000,000.00 in medical expenses over his or her life and will never be able to work. The maximum amount of recovery a patient is entitled to under Indiana’s Malpractice Act is $1,800,000.00.

Attorney fees are charged on a contingency fee basis. That means that if we are not successful in your case, you owe us nothing. Generally, once we have agreed to represent you, we will pay all litigation expenses, which can range in the thousands of dollars. If we are unsuccessful you do not have to repay any of the litigation expenses. However, if we are successful we will receive our attorney fees and litigation expenses. The issue of attorney fees and litigation expenses are contained in a written Contingency Fee Agreement which must be signed by any client before the firm undertakes to represent them in a medical malpractice case. The contingent fee agreement is the exclusive document that governs the payment of attorney fees and litigation expenses.

Timely Action is Vital

Indiana law sets statutory deadlines for filing medical malpractice claims. In addition, investigating your malpractice claim immediately after the injury occurs preserves crucial evidence and valuable testimony.

Contact skilled and knowledgeable medical malpractice lawyers

Call Partner Jeffrey S. Wrage at Blachly, Tabor, Bozik & Hartman, LLC at 800-921-2824 or contact us online to schedule your consultation. We serve clients throughout Indiana, including Valparaiso, Chesterton, Hobart, Hammond, Merrillville and Portage.

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